Asked in Criminal Law, Health Care Law and Municipal Law for Texas

Q: If you are medically and pharmaceutically not in your right mind can you be charged with the crime if you didn't know it

I was prescribed meds that would be much greater than the side effects of . I was charged with the crime that I have no knowledge of even happening. Am I still able to be charged if the doctor has submitted written statements stating as much? Drugs that are much stronger than the side effects of Ambien. Can the state or the county in the state of Texas still hold me accountable for my actions even though I had absolutely zero knowledge of set event even taking place? What does mean if I am medically or pharmaceutically not in

1 Lawyer Answer
John Cucci Jr.
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  • Criminal Law Lawyer
  • Houston, TX

A: In Texas, there is an affirmative defense available for mental defects. However, a doctor's note is not enough to keep you from being prosecuted. You can still be charged with a crime, regardless of your medicine or prescription and it's side effects.

It can be a defense at trial, but will not necessarily get you off the hook.

I hope this helps.

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